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JOSEPHSON v. JOSEPHSON

276 A.D. 845 (1949)

Peggy Josephson, Respondent, v. Clifford Josephson, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

December 5, 1949.

That issue should not be determined on affidavits, especially where, as here, a demand for a hearing is made respecting the same. Recourse should be had to the usual practice of seeing and hearing the witnesses that the parties may produce, with opportunity for cross-examination. (Weinstein & Sons v. Glen Head Iron Works, 236 App. Div. 698; Dege v. Mascot Realty Corp., 243 App. Div. 546; Guilford v. Brody, 237 App. Div. 726; Nielsen v. Fleischner...

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